A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
New York Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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If the Court believes the writ should not be granted, it will deny the petition without requesting an answer. Otherwise the Court will direct the clerk to obtain an answer. After an answer has been filed, the Court ordinarily will decide the merits of the petition on the materials submitted without oral argument.
In New York, a writ of mandamus may be issued for when an administrative agency, public body, or officer fails to perform a duty enjoined upon them by New York Civil Practice Laws & Rules, Section 7803.
In Anglo-American legal systems, mandamus (Latin for ?we command?) is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latter's authority.
In New York, a writ of mandamus may be issued for when an administrative agency, public body, or officer fails to perform a duty enjoined upon them by New York Civil Practice Laws & Rules, Section 7803.
The Court's role in the Article 78 proceeding was to determine, upon the facts, whether the determination had a rational basis in the record or was arbitrary and capricious. A determination is only deemed arbitrary and capricious if it was without sound basis in reason, and in disregard of the facts.
Article 78 of the CPLR is the modern iteration of the common law writ procedure for challenging governmental action. It serves the important function of keeping administrative agencies accountable to the public and the laws of New York.
A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite a demand in writing, has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.
Article 78 proceedings are lawsuits mainly used to challenge an action (or inaction) by agencies of New York State and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority.